Section 155.107 - New York Inter-Urban Water Company

155.107 New York Inter-Urban Water Company.

(a) Application. The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 72 of the Public Health Law heretofore set forth shall apply to that portion of the drainage area of Mamaroneck Creek which forms or is tributary to the source of water supply of the New York Inter-Urban Water Company of Westchester County, N. Y. They shall also apply to the reservoirs and to the coagulation basins of the said company.

(b) Definitions. (1) The term reservoir wherever used in this section is intended to mean and refer to any reservoir or coagulation basins of the New York Inter-Urban Water Company.

(2) The term watercourse wherever used in this section is intended to mean and include every spring, pond (other than the artificial reservoirs and coagulations basins), stream, ditch, gutter or other channel or permeable pipe or conduit of every kind, the water of which when running, whether continuously or occasionally, eventually flows or may flow into the water supply of the said New York Inter-Urban Water Company.

(3) Wherever a linear distance of a structure or object from a reservoir or from a watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to the high-water mark of a reservoir or to the edge, margin or precipitous bank forming the ordinary high-water mark of such watercourse.

(c) Privies adjacent to any reservoir or watercourse. (1) No privy, privy vault, pit, cesspool or any other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta shall be constructed, placed or maintained with its nearest point within 50 feet of any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company, except the properly constructed and operated sewage treatment plant as hereinafter set forth in subdivision (e), provided, however, that the property on which the privy, privy vault, pit, cesspool or any other receptacle intended for the deposit of human excreta is built or to be built is so located, bounded or otherwise placed that the distance above named can be obtained within the limits of such property.

(2) Every privy, privy vault, pit or other receptacle, used or intended for either the temporary storage or the permanent deposit of human excreta and built on property which is so located, bounded or otherwise placed that the distance named in paragraph (1) of this subdivision cannot be obtained within the limits of such property, shall be placed as far as possible from the reservoir or watercourse and shall be especially constructed of masonry, concrete or metal to form a watertight receptacle from which no outward percolation can take place. Where removable watertight vessels or receptacles are provided, they shall be placed in watertight concrete or masonry receptacles and shall be located as far as practicable from the reservoir or watercourse. All receptacles referred to in this paragraph shall be constructed only with the approval of and under the supervision of the New York Inter-Urban Water Company and so located that the tops of such receptacles shall be above the highest known water level of Mamaroneck Creek or tributaries.

(3) Whenever a privy, privy vault, pit or other receptacle of any kind used for either the temporary storage or the permanent deposit of human excreta is especially constructed and made watertight and located nearer the reservoir or watercourse than the distances named in paragraph (1) of this subdivision, such receptacle shall be emptied at regular intervals and disinfected as often as may be necessary to maintain it in a proper sanitary condition and to effectually prevent any overflow and in the case of a property occupied by the owner during the summer only, the said receptacle shall be emptied at least once every fall at the end of the summer season, disinfected with lime and left empty during the winter. The work of emptying and disinfecting these receptacles shall be done under the supervision of or in accordance with the directions of the New York Inter-Urban Water Company and in such a manner as to effectually prevent any pollution of the public water supply of the New York Inter-Urban Water Company and in a manner provided hereinafter in paragraphs (6) and (7) of this subdivision.

(4) No privy, privy vault, pit, cesspool or any other receptacle used for the permanent deposit of human excreta be constructed, located, placed or maintained with its nearest point within 150 feet of any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company.

(5) Every privy, privy vault, pit, cesspool or other receptacle or place, used for the temporary storage of human excreta, which is constructed, located or maintained within the aforesaid 150 feet, horizontal measurement, of the water line of any reservoir or the edge, margin or precipitous bank of any watercourse of the water supply of the New York Inter-Urban Water Company, from which privy or other receptacle the excreta are not at once removed automatically by means of suitable watertight pipes or conduits to some proper place of ultimate disposal, shall be arranged in such manner that all such excreta shall be received temporarily in suitable vessels or receptacles which shall at all times be maintained in an absolutely watertight condition and which will permit of convenient removal to some place of ultimate disposal as hereinafter set forth in paragraphs (6) and (7) of this subdivision. (6) The excreta collected in the aforesaid receptacles referred to in paragraph (5) of this subdivision shall be removed and the receptacles thoroughly cleaned and deodorized as often as may be found necessary, in order to maintain the privy in proper sanitary condition and to effectually prevent any overflow upon the soil or upon the foundations or floor of the privy. In effecting this removal the utmost care shall be exercised that none of the contents be allowed to escape while being transferred from the privy to the place of disposal hereinafter specified and that the contents, while being transferred from the privy to the place of disposal, shall be thoroughly covered and that the least possible annoyance and inconvenience be caused to occupants of the premises and the adjacent premises.

(7) Unless otherwise specially ordered or permitted by the State Department of Health, the excreta collected in any aforesaid receptacles shall, when removed, be disposed of by burying in trenches or by thoroughly digging it into the soil in such place and manner as to effectually prevent them being washed over the surface of the ground by rain or melting snow and at distances not less than 300 feet, horizontal measurement, from the high-water mark of any reservoir or not less than 200 feet from the edge, margin or precipitous bank of any watercourse of the New York Inter-Urban water supply.

(8) Whenever it shall be found that, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, the excremental matter from any privy or any aforesaid receptacle or from any trench or place of disposal or the garbage or wastes from any dump may, in the opinion of the State Commissioner of Health, be washed over the surface or through the soil into any reservoir or watercourse in an imperfectly purified condition, then the said privy or receptacle for excreta or the said trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) House slops, bath water, garbage, sewage.

(1) (i) No house slops, bath water, sewage nor excremental matter from any water closet, privy or cesspool shall be led, conducted or discharged by any pipe, drain or ditch into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company, nor shall any such matters be placed, led, discharged or allowed to escape onto the surface of the ground or into the ground beneath the surface within 150 feet of any such reservoir or watercourse except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (7) of subdivision (c).

(ii) Subparagraph (i) of this paragraph, however, shall not prohibit the discharge into a watercourse tributary to the water supply of said company of a satisfactorily purified effluent from a modern sewage treatment plant, constructed in strict accordance with plans approved by the State engineer and in accordance with permit issued by this department, nor shall this subparagraph prohibit the location of such sewage treatment plant within the limiting distance given above.

(2) (i) No garbage, putrescible matter, kitchen or sink wastes, refuse or waste water from creameries, cheese factories, laundries nor water in which milk cans, utensils, clothing, bedding, carpets or harnesses have been washed or rinsed nor any polluted water or liquid of any kind shall be thrown or discharged directly or indirectly into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company, nor shall any such liquid or solid refuse or waste be thrown or discharged upon the surface of the ground or into the ground beneath the surface in any manner whereby the same may flow into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company within 100 feet of any such reservoir or within 75 feet of any such watercourse, except into watertight vessels or receptacles, the contents of which are to be removed as provided by paragraph (7) of subdivision (c).

(ii) Subparagraph (i) of this paragraph, however, shall not prohibit the discharge into a watercourse tributary to the water supply of said company of a satisfactorily purified effluent from a modern sewage or waste treatment plant, constructed in strict accordance with plans approved by the State engineer and in accordance with permit issued by this department, nor shall this subparagraph prohibit the location of such sewage or waste treatment plant within the limiting distance given above. (3) No clothing, bedding, carpets, harnesses, vehicles, receptacles, utensils nor anything that pollutes water shall be washed, rinsed or placed in any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company.

(e) Approval of sewage treatment plants. No sewage or waste treatment plant, the effluent from which is to be discharged or allowed to flow directly or indirectly into Mamaroneck Creek or any watercourse tributary thereto, shall be constructed, enlarged, altered or put in operation until plans for the same have been approved by the State engineer and a permit issued by the State Commissioner of Health allowing the discharge of such effluent and a copy of the plans, as approved, filed with the New York Inter-Urban Water Company.

(f) Bathing, manure, compost, animals, etc. (1) No person shall be allowed to bathe in any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company.

(2) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be located, placed, maintained or allowed to remain with its nearest point less than 100 feet from any reservoir or 50 feet from any watercourse of the water supply of the New York Inter-Urban Water Company; and none of the above-named objects or sources of pollution shall be so located, placed, maintained or allowed to remain that the drainings, leachings or washings from the same may enter any such reservoir or watercourse without first having been passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that proper purification has been secured unless the above drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for the distance of not less than 150 feet before entering any such reservoir nor less than 75 feet before entering any such watercourse.

(3) No human excrement or compost containing human excrement shall be placed, piled or spread upon the ground or dug or buried in the soil within a distance of 300 feet from any reservoir or 200 feet from any watercourse of the water supply of the New York Inter-Urban Water Company; and no manure or compost of any kind shall be placed, piled or spread upon the ground within 100 feet of any such reservoir or 50 feet of any such watercourse.

(4) No decayed or fermented fruit or vegetables, cider mill waste, roots, grain or other vegetable refuse of any kind shall be located, placed, maintained or allowed to remain in such places that the drainage, leachings or washings therefrom may flow by open, blind or covered drains or channels of any kind into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company without first having passed over or through such an extent of soil as to have been properly purified, and in no case shall it be deemed that sufficient purification has been secured unless the above-mentioned drainage, leachings or washings shall have percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 100 feet before entering any such reservoir or 50 feet before entering any such watercourse.

(g) Dead animals, offal, manufacturing waste, etc. No dead animal, bird, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed in or allowed to pass into any reservoir or watercourse of the water supply of the New York Inter-Urban Water Company; nor shall any such material or refuse be so located, placed, maintained or allowed to remain that the drainage, leachings or washings therefrom may reach any such reservoir or watercourse without having first percolated over or through the soil in a scattered, dissipated form and not concentrated in perceptible lines of drainage for a distance of not less than 150 feet before entering any such reservoir or 100 feet before entering any such watercourse.

(h) Fishing and boating. No fish shall be taken from any reservoir or Silver Lake nor shall any person fish in any reservoir or Silver Lake or through the ice upon the same nor trespass upon the waters of any reservoir or Silver Lake or the ice thereon nor maintain or use any boat or boats thereon except the officials or duly authorized employees of the New York Inte r-Urban Water Company in the exercise of their duties in the management and operation of the reservoirs or Silver Lake.

(i) Camps. No temporary camp, tent, building or other structure for housing laborers engaged on construction work or for other purposes shall be located, placed or maintained within a distance of 500 feet of any reservoir or 250 feet of any watercourse. (j) Cemeteries. No interment of a human body shall be made within 300 feet of any reservoir or watercourse.

(k) Inspections. The New York Inter-Urban Water Company, through its superintendent or other duly authorized official, shall maintain systematic and thorough inspection of the reservoirs, streams and of the entire drainage area tributary thereto for the purpose of determining whether the above rules are being complied with. At least four such inspections shall be made each year and such others as may directed by the State Commissioner of Health. A full and detailed report of each such inspection, including a statement of such violation or noncompliance with the rules, shall be submitted in writing to the State Commissioner of Health within 10 days of the completion of such inspection.

(l) Penalty. In accordance with section 70 of chapter 661 of the Laws of 1893, as finally amended by chapter 582 of the Laws of 1906, the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.
 

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